FTX's Chapter 11 Saga: Cryptocurrency Claims Valued at Bankruptcy Filing, Igniting Controversy


The FTX debtors estate has unveiled its amended Chapter 11 Plan of Reorganization, shedding light on how cryptocurrency claims will be handled following the collapse of FTX. One noteworthy provision in the plan stipulates that the valuation of claimants' digital assets will be pegged to their cash value at the time of the bankruptcy filing on November 11, 2022. This decision has raised eyebrows, especially considering the remarkable recovery witnessed in the cryptocurrency market since the filing date. For instance, Bitcoin, which was trading at around $17,000 at the time, has now surged past $42,000.

Guided by CEO John Ray III and legal representatives from Sullivan & Cromwell, the FTX debtors estate is navigating the complex terrain of bankruptcy proceedings. Of particular interest is the provision that calculates the value of digital assets based on their cash equivalents as of the bankruptcy filing date. As cryptocurrencies have rebounded significantly since November 2022, this approach could potentially lead to claimants missing out on substantial gains. One vocal FTX creditor, Sunil Kavuri, contends that the reorganization plan runs afoul of FTX's Terms of Service, which explicitly stated that ownership of digital assets rested with customers and not the exchange. Kavuri highlights the conviction of SBF, emphasizing allegations of the misappropriation of digital assets belonging to FTX customers.

Creditors assigned to specific classes will have the opportunity to cast their votes on the amended reorganization plan. The plan underscores the extensive efforts made to reach this point, describing it as a culmination of compromises aimed at achieving the best, most equitable outcome for all creditors and stakeholders involved in the Chapter 11 Cases. Various approval thresholds, encompassing both the dollar amount and the number of claimants, must be met for the plan to be implemented. Additionally, in specific situations referred to as a "cram-down," classes of creditors who did not endorse the plan may still be compelled to accept it, provided the solution is deemed "fair and equitable." The unfolding scenario adds an intriguing layer to the ongoing FTX saga, where the outcomes are uncertain, and stakeholders remain closely attuned to the evolving developments.

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